10 U.S.C. § 6222: Restrictions on access to national security laboratories by foreign visitors from sensitive countries

The Secretary of Energy and the Administrator may not admit to any facility described in paragraph (3) of subsection (c) other than areas accessible to the general public any individual who is a citizen or agent of a covered foreign nation or a nation on the current sensitive countries list unless the Secretary or Administrator first completes a background review with respect to that individual. It is the sense of Congress that the Secretary of Energy, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days. With respect to an individual who is a citizen or agent of a covered foreign nation, the Secretary and the Administrator may not, except as provided in paragraph (2), admit such individual to any areas not accessible to the general public within a facility described in paragraph (3). the admittance of such individual to the facility is in the national security interests of the United States; no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility; the Secretary or Administrator has consulted with the heads of other relevant departments or agencies of the United States Government to mitigate risks associated with the admittance of such individual; and the background review completed to 1 subsection (a) with respect to such individual did not uncover any previously unreported affiliation with military or intelligence organizations associated with a covered foreign nation. 1 So in original. a national security laboratory; a nuclear weapons production facility; or a site that directly supports the protection, development, sustainment, or disposal of technologies or materials related to the provision of nuclear propulsion for United States naval vessels. The prohibition under paragraph (1) shall take effect on April 15, 2025 . a citizen or lawful permanent resident of the United States; an individual involved in an International Atomic Energy Agency (IAEA) inspection (as defined in the “Agreement between the United States and the IAEA for the Application of Safeguards in the U.S.”); or an individual involved in information exchanges in support of activities of the United States with respect to nonproliferation, counterproliferation, and counterterrorism, in accordance with international treaties or other legally-binding agreements or instruments to which the United States is a party; or admit any individual to a facility, or any portion thereof, that is not directly associated with or directly funded to perform the mission, functions, and operations of the Administration (as described in this subpart). The term “background review”, commonly known as an indices check, means a review of information provided by the Director of National Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage. the People’s Republic of China; the Russian Federation; the Democratic People’s Republic of Korea; and the Islamic Republic of Iran. The term “sensitive countries list” means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries. The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by section 6222(a) of title 10 , United States Code[,] within the Department of Energy. the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility. Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 6222(a) of title 10 , United States Code[,] seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section. Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 6222(a) of title 10 , United States Code. The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act [ Aug. 13, 2018 ]. a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 6222(a) of title 10 , United States Code; and the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section. the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. The term ‘national security laboratory’ has the meaning given that term in section 6101 of title 10 , United States Code.”